What can be done if the final paycheck I received after being fired was post-dated for 2 days after the day I got fired?
James's answer
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Answered on June 29, 2018
In most wage and hour cases, waiting time penalties are plead but abandoned because to get waiting time penalties, you have to prove that the...
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Can my previous employer sue me for my statement to California EDD when applying for unemployment benefits?
James's answer
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Answered on June 29, 2018
If he does sue you, you will not have any problem in finding representation because you will be able to hit him with an anti-SLAPP motion, and when...
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In a single plaintiff PAGA action, whom is awarded the 25% - if successful: The single plaintiff or all "aggrieved employees"?
James's answer
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Answered on June 29, 2018
It depends on how extensive your complaint was, and whether you presented evidence of other employees being affected by the same practice....
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Calling people listed in Initial Disclosures?
James's answer
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Answered on June 28, 2018
If they're not represented by counsel, you can contact them. In fact, the whole point of getting their names in the initial disclosures is that you...
We have employees that can work 3 different shifts in a day. Do we have to pay a split shift premium for each split?
James's answer
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Answered on June 28, 2018
Yes and no. If they are minimum wage employees, you have to pay them split shift premiums. If their compensation is such that they make more than...
Archived
Can I pursue legal action toward this Company/person for this scam?
James's answer
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Answered on June 28, 2018
Depending on what you signed, absolutely. It sounds like a few things - the $71 fee, the failure to pay for all hours worked (the time spent at the...
Archived
Can I send a termination letter by email?
James's answer
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Answered on June 28, 2018
You mean termination of an attorney's services? It depends on the retainer agreement, but generally, yes. In fact, that's probably better than a...
Is this a TCPA violation? And if so, what can I do?
James's answer
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Answered on June 28, 2018
You could contact the FCC, OR, you could contact an attorney who handles TCPA cases. Most class action attorneys will handle the occasional TCPA...
Archived
Can we sue our boss for breaking multiple labor laws and how can we do it?
James's answer
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Answered on June 28, 2018
Yeah, you can sue your employer. In fact, the California Employment Lawyers Association, www.cela.org, is filled with attorneys who only sue...
Archived
What rights do I have against an unruly neighbor who is refusing to pay for replacing a shared fence and uses racial slurs?
James's answer
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Answered on June 27, 2018
The fence, I'm not sure about. The racial slurs, though, violates the Fair Housing Act and the California Fair Housing and Employment Act, as they...